Legal System And ADR Analysis
The Legal System and ADR Analysis
Lawrence V. Webster B.S. AVM
Business Law/531
October 13th, 2015
Professor Amy Cabrero
The Legal System and ADR Analysis
The Legal System and ADR Analysis is a non-judicial way of creating a cost-effective and less time-consuming way of settling a dispute for or against another person ort business associated with a business or person. I will attempt to explain the benefits and losses in this form of going through litigation as well as ADR resolutions. In an attempt to explain why it would be easier and less time consuming to pursue one or the other.
Business Dispute
In some cases that are well documented, with a high success rate of being handled out of the court system, it is only fitting …show more content…
to try to use an alternative way to dispute cases. In the normal way of doing business, a dispute shall arise, the way to settle it in the past was to retain a Lawyer or Legal firm to resolve this matter for you. Now, there’s a new way of doing business, and this new way is called Alternative Dispute Resolution (ADR). In Alternative Dispute Resolution, computers are used and forums are created for the plaintiff and defendant to come to some form of agreement in an issue that will be expediently resolved.
Juan and Susie owns a General Partnership business called “General Partnership”, located in San Diego, California.
Juan and Susie are equal owners as managers and investors. The business does dry cleaning for the public and offers discounts on Wednesdays and Saturdays for one day service. They pride themselves in catering to the neighborhoods surrounding their Chula Vista store. One day, James comes into the cleaners and requests that his Tuxedo be cleaned and have it back tomorrow for a late evening event that required a tuxedo. It was a Wednesday and the cleaners was about to close. Nevertheless Juan and Susie accepted the tuxedo and said it should be ready by Thursday around the same …show more content…
time.
Well, Thursday came and James returned to retrieve his tuxedo and when he arrived at the store, Susie was not there, because she had to go pick her son up from soccer practice.
Though she was the one that made James the promise that when he returns the tuxedo should be ready. Juan was there and said he remember seeing the tuxedo but he think it was not ready due to the fact it was received so late in the day. James said he was promised by Susie that it would be ready and explained why he needed the tuxedo that night. James threatened a legal recourse do to the fact that he was promised the tuxedo would be ready for an exclusive, tuxedo only event, only to find out it was not ready. Juan phoned Susie and she forgot to tell Juan James needed it Thursday. Juan was under the impression that the tuxedo would be ready Friday. James left the store angry and pursued legal action.
Thursday, James contacted a Law Firm and explained his case and they accepted his case. However, the Law firm asked if James would consider ADR, which was less expensive and less time
consuming.
The Case
Since James called a Law firm and the law firm notified Juan and Susie of the litigation, Juan and Susie were also advised of the ADR portion of the litigation. Juan, Susie and James after much debate, because James wanted the traditional court case, agreed to both have an ADR.
The ADR or Pretrial Litigation Process
In this phase there are several components to the case being heard. Namely, pleadings, discovery, pretrial motions, and settlement conference. In regular litigation, by the time you pay to retain the Lawyer, thousands of dollars will have been spent, and you haven’t even began to see a Judge. Contrast by Arbitration, very little money would have been spent. Juan, Susie and James continued through the ADR process and James settled for $5,000.00 in damages. He had sued on the bases of false advertisement, and won.
Conclusion
In a dispute, sometimes the easiest way is the best way for both parties.
References
https://newclassroom3.phoenix.edu/Classroom/#/contextid/OSIRIS:47044079/context/co/view/activityDetails/activity/cc50d0f1-79f8-4e98-9872-0a8a8d7fb5f9/expanded/True
Lawrence V. Webster B.S. AVM
Business Law/531
October 13th, 2015
Professor Amy Cabrero
The Legal System and ADR Analysis
The Legal System and ADR Analysis is a non-judicial way of creating a cost-effective and less time-consuming way of settling a dispute for or against another person ort business associated with a business or person. I will attempt to explain the benefits and losses in this form of going through litigation as well as ADR resolutions. In an attempt to explain why it would be easier and less time consuming to pursue one or the other.
Business Dispute
In some cases that are well documented, with a high success rate of being handled out of the court system, it is only fitting …show more content…
to try to use an alternative way to dispute cases. In the normal way of doing business, a dispute shall arise, the way to settle it in the past was to retain a Lawyer or Legal firm to resolve this matter for you. Now, there’s a new way of doing business, and this new way is called Alternative Dispute Resolution (ADR). In Alternative Dispute Resolution, computers are used and forums are created for the plaintiff and defendant to come to some form of agreement in an issue that will be expediently resolved.
Juan and Susie owns a General Partnership business called “General Partnership”, located in San Diego, California.
Juan and Susie are equal owners as managers and investors. The business does dry cleaning for the public and offers discounts on Wednesdays and Saturdays for one day service. They pride themselves in catering to the neighborhoods surrounding their Chula Vista store. One day, James comes into the cleaners and requests that his Tuxedo be cleaned and have it back tomorrow for a late evening event that required a tuxedo. It was a Wednesday and the cleaners was about to close. Nevertheless Juan and Susie accepted the tuxedo and said it should be ready by Thursday around the same …show more content…
time.
Well, Thursday came and James returned to retrieve his tuxedo and when he arrived at the store, Susie was not there, because she had to go pick her son up from soccer practice.
Though she was the one that made James the promise that when he returns the tuxedo should be ready. Juan was there and said he remember seeing the tuxedo but he think it was not ready due to the fact it was received so late in the day. James said he was promised by Susie that it would be ready and explained why he needed the tuxedo that night. James threatened a legal recourse do to the fact that he was promised the tuxedo would be ready for an exclusive, tuxedo only event, only to find out it was not ready. Juan phoned Susie and she forgot to tell Juan James needed it Thursday. Juan was under the impression that the tuxedo would be ready Friday. James left the store angry and pursued legal action.
Thursday, James contacted a Law Firm and explained his case and they accepted his case. However, the Law firm asked if James would consider ADR, which was less expensive and less time
consuming.
The Case
Since James called a Law firm and the law firm notified Juan and Susie of the litigation, Juan and Susie were also advised of the ADR portion of the litigation. Juan, Susie and James after much debate, because James wanted the traditional court case, agreed to both have an ADR.
The ADR or Pretrial Litigation Process
In this phase there are several components to the case being heard. Namely, pleadings, discovery, pretrial motions, and settlement conference. In regular litigation, by the time you pay to retain the Lawyer, thousands of dollars will have been spent, and you haven’t even began to see a Judge. Contrast by Arbitration, very little money would have been spent. Juan, Susie and James continued through the ADR process and James settled for $5,000.00 in damages. He had sued on the bases of false advertisement, and won.
Conclusion
In a dispute, sometimes the easiest way is the best way for both parties.
References
https://newclassroom3.phoenix.edu/Classroom/#/contextid/OSIRIS:47044079/context/co/view/activityDetails/activity/cc50d0f1-79f8-4e98-9872-0a8a8d7fb5f9/expanded/True